It’s been four years since the American Bar Association determined that lawyers must be technologically competent. But many in-house counsel still aren’t as tech savvy as they should be, experts say.
In 2012, the ABA voted to amend a comment to the model rule on competence to say “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” On Sept. 29, Florida became the 25th state to follow the ABA’s lead and mandate technological competence. As for the states that have yet to formally adopt the change, some have acknowledged this duty in ethics opinions or sanctions rulings. A California ethics opinion from June of last year, for example, says litigation attorneys must either be competent in e-discovery or consult with someone who is competent.
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